United States Federal Circuit, 02/21/2012
Coach Services, Inc. v. Triumph Learning LLC, No. 2011-1129
Board of Patent Appeals and Interferences (BPAI) Archive
Coach Services, Inc. v. Triumph Learning LLC
By Dominic A. Frisina JD, MA | Filed in Board of Patent Appeals and Interferences (BPAI), CAFC, TrademarkPatent Applicant Denied Administrative Due Process
By Robert H. Bejcek II | Filed in Board of Patent Appeals and Interferences (BPAI), CAFC, Obviousness, Patent, Patent Prosecution, Prosecution HistoryMany laws are designed with the concept for fairness in mind. After all, the court of equity was a predecessor to our current legal system. Patent law is no different. Before the Court of Appeals for the Federal Circuit, the case In re Stepan Company centered on this issue and a patentee’s right to administrative due process.[1]
The Stepan Company was the assignee of a U.S.patent[2] which taught “polyol-based resin blends and the methods of using them to create closed-cell polyurethane and polyisocyanurate-based foam.”[3] Essentially this patent was used to manufacture thermal insulation installed in the walls of buildings.[4] Concluding a reexamination proceeding, the patent examiner invalidated the patent’s claims as anticipated under §102(b) or obvious under §103(a).[5] On appeal, the Board of Patent Appeals and Inferences affirmed the invalidation. Read the remainder of this entry »
Federal Circuit Reverses BPAI Decision on Obviousness Due to Lack of Substantial Evidence
By Robert H. Bejcek II | Filed in Board of Patent Appeals and Interferences (BPAI), CAFC, Claim Construction, IP Litigation, ObviousnessThe Federal Circuit recently decided In re Glatt Air Technologies, Inc., which concerned a previous ruling finding Glatt Air Technologies (“Glatt”) patent obvious in light of prior art.[1] Glatt developed an improvement upon a coating apparatus used in the coating of pharmaceutical ingredients.[2] Commonly known as a Wurster coater, the device sprays a liquid coating substance while circulating the particles to be coated. Read the remainder of this entry »
